Times Of Swaziland: AFRICA CHICKS, M&Q  ‘WAR’ GOES TO COURT

AFRICA CHICKS, M&Q  ‘WAR’ GOES TO COURT
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  BY KWANELE DHLADHLA  on 29/12/2017 00:14:00


MBABANE - Africa Chicks has taken M&Q Investments Pty Ltd to court demanding
payment E128 000 in chickens and feed allegedly sold on credit at the latter’s
special instance.
In revised simple summons containing allegations whose veracity is yet to be
determined by the court, it has been alleged that the goods were sold and
delivered on credit on April 2015 to October 31, 2015 and payment fell due,
owing and payable on January 31, 2016.
It has been alleged that despite demand and acknowledgement of debt by the
defendant, M&Q Investments refused and or failed to pay. Africa Chicks
(plaintiff) has sought for interest at the rate of nine per cent per annum
calculated from the date of summons to final payment and costs of suit.
In Africa Chicks’ declaration, it has been alleged that on or about April
2015, Director Julius Saulus and M&Q Investments (defendant) represented by
Director Qhawe Nxumalo entered into a verbal agreement.
It has been stated that terms of the agreement were to the effect that Africa
Chicks would sell day old chicks and chicken feed to M&Q Investments on credit
on an ongoing basis. It was claimed that M&Q Investments also agreed to buy the
day old chicks and chickens.
It was alleged that the parties agreed that upon growing the chicks to chickens,
M&Q Investments would sell the chickens to their customers and pay Africa Chicks
for the chicks and feed sold on credit.
“In short, all goods sold to M&Q Investments on credit were to be paid for in
full per each bird sale cycle,” reads the declaration in part.
It was alleged that it was a material and tacit term of the agreement that
non-payment or late payment for goods sold and delivered would constitute a
material breach of the agreement.